South Africa Case Law

C.K.N and Another v Villa Siesta Pet Retreat CC and Another (059704/2022)

C.K.N and Another v Villa Siesta Pet Retreat CC and Another (059704/2022) [2024] ZAGPPHC 1230 (28 November 2024)

Court

North Gauteng High Court, Pretoria

Case number

059704/2022

Judge

Baqwa

The court found that the applicants are co-owners of the property, based on their financial contributions, participation in management, and the terms of the settlement agreement, which confirmed their respective shares but did not resolve the termination of co-ownership. The respondents' res judicata argument failed because the parties and subject matter differed from the divorce proceedings, and the actio communi dividundo was not previously adjudicated. The affidavit was accepted as valid due to substantial compliance with the regulations, given the practical impossibility of conventional c…

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• Co Ownership
• Actio Communi Dividundo
• Division Of Property
• Affidavit Formalities
• Res Judicata
• Partnership Liquidation

Phaala and Others v Selby Construction CC and Others (JR2320/22)

Phaala and Others v Selby Construction CC and Others (JR2320/22) [2024] ZALCJHB 380 (8 September 2024)

Court

Labour Court Johannesburg

Case number

JR2320/22

Judge

SB Nhlapo

The Labour Court dismissed an interlocutory strike-out application over affidavit commissioning defects, holding there was substantial compliance.

• Affidavit Formalities
• Substantial Compliance
• Review Application
• Labour Court Rules
• Affidavit-formalities
• Substantial-compliance

Aqua Transport and Plant Hire (Pty) Ltd v TST Brokers (Pty) Ltd T/A Thamzin & Thamzin (21/12085)

Aqua Transport and Plant Hire (Pty) Ltd v TST Brokers (Pty) Ltd T/A Thamzin & Thamzin (21/12085) [2022] ZAGPJHC 1043 (21 November 2022)

Court

South Gauteng High Court, Johannesburg

Case number

21/12085

Judge

H M Viljoen

The court found that the respondent failed to pay outstanding rental invoices and did not provide any substantive defence to the applicant's claim. The respondent's opposition consisted of bare denials and technical objections, none of which were sufficient to establish a bona fide and reasonable dispute. The applicant's attorneys were properly authorised, and any irregularity in the attestation of the founding affidavit was not fatal, as substantial compliance with the regulations was achieved. Although the application was not served on the respondent's employees as required by section 346(4…

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• Winding Up Of Company
• Companies Act 1973
• Service Of Process
• Locus Standi
• Affidavit Formalities

Q4 Fuel (Pty) Ltd v Ellisras Brandstof En Olie Verspreiders (Pty) Ltd and Others (HCAA 08/2021)

Q4 Fuel (Pty) Ltd v Ellisras Brandstof En Olie Verspreiders (Pty) Ltd and Others (HCAA 08/2021) [2021] ZALMPPHC 81 (11 November 2021)

Court

Limpopo High Court, Polokwane

Case number

HCAA 08/2021

Judges

Kganyago, Semenya, Muller

The court found that the order striking the application off the roll was, in substance, a dismissal of the appellant's claim, as the defects in the founding affidavit were fatal and could not be remedied by supplementation. Therefore, the order was final and appealable. The court held that the Regulations Governing the Administering of an Oath or Affirmation are directory, not peremptory, and that substantial compliance had occurred in the commissioning of the founding affidavit. The failure to insert the designation of the commissioner of oaths was not material, and the annexures need not be…

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• Points In Limine
• Affidavit Formalities
• Commissioner Of Oaths
• Appealability Of Striking Off Order
• Authority Of Deponent

Christodoulos v Jacobs (17/47551)

Christodoulos v Jacobs (17/47551) [2019] ZAGPJHC 178 (11 March 2019)

Court

South Gauteng High Court, Johannesburg

Case number

17/47551

Judge

P.A. Meyer

The High Court dismissed an interdict application seeking to stop alleged harassment and remove defamatory statements, finding no locus standi and qualified privilege.

• Final Interdict
• Defamation
• Qualified Privilege
• Locus Standi
• Affidavit Formalities
• Final-interdict

Magodongo v Khara Hais Municipality and Others (C261/17, C756/16)

Magodongo v Khara Hais Municipality and Others (C261/17, C756/16) [2017] ZALCCT 55; (2018) 39 ILJ 406 (LC) (14 November 2017)

Court

Labour Court Cape Town

Case number

C261/17, C756/16

Judge

Anton J Steenkamp

The Labour Court held that the affidavit was substantially compliant, but the Municipality lacked proof of authority to launch the review, so the review was dismissed.

• Authority To Institute Proceedings
• Substantial Compliance With Regulations
• Review Of Arbitration Award
• Affidavit Formalities
• Labour-law
• Judicial-review

Mogale and Others v Minister of Safety and Security and Others (48454/2008)

Mogale and Others v Minister of Safety and Security and Others (48454/2008) [2015] ZAGPPHC 953; 2016 (2) SACR 682 (GP) (17 September 2015)

Court

North Gauteng High Court, Pretoria

Case number

48454/2008

Judges

E Bertelsmann, S Mothle, F.G. Preller

The High Court set aside search warrants after finding the supporting affidavit was unsigned or improperly commissioned, making the warrants invalid.

• Search And Seizure
• Affidavit Formalities
• Commissioner Of Oaths
• Substantial Compliance
• Privacy Rights
• Search-and-seizure